coacher
recently joined
Reged: 04/29/12
Posts: 1
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I have some legal questions about my Texas Divorce. Just starting to research this issue and hoping to find help:
1. In The State of Texas, is a Court Appointed Social Study Evaluator an Officer of The Court? My research indicates "yes" in some other states but I have yet to find anything explicit in The Texas Rules of Civil Procedure nor in The Family Code.
2. If the answer is yes, I believe I may be able to seek relief under Fedral Rules of Civil Procedure, Rule 60(d)(3) - Fraud upon The Court, but again I'm not finding similiar remedies in the TRCP. Do Texas rules apply, or can I simply seek relief under the FRCP?
3. Under the FRCP 60(d)(3), there appears to be no statute of limitations for Fraud upon The Court. However, under FRCP 60(b)(3)(extrinsic and intrinsic fraud), there appears to be a one year statute of limitations. Is this correct?
4. In my online search, I have yet to find any info, case law, or documents related to Fraud Upon The Court, in Texas and related to a Social Study Evaluator. Maybe this suggests there are issues preventing me from pursuing this course of action. If so, what am I missing?
5. I previously filed a Motion for a New Trial within the proper time frame, but this motion was denied. Would the denied Motion for New Trial prevent me from seeking relief under Fraud Upon The Court?
Thank you for any input!
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19891
Loc: Third rock from the sun
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is a Court Appointed Social Study Evaluator an Officer of The Court?
---> No. BUT, since they appointed by the Court, they do have authority.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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"1. In The State of Texas, is a Court Appointed Social Study Evaluator an Officer of The Court? My research indicates "yes" in some other states but I have yet to find anything explicit in The Texas Rules of Civil Procedure nor in The Family Code."
Generally, the answer is no. Only counsel and the Judge are officer's of the Court, not court appointed evaluators.
"2. If the answer is yes, I believe I may be able to seek relief under Fedral Rules of Civil Procedure, Rule 60(d)(3) - Fraud upon The Court, but again I'm not finding similiar remedies in the TRCP. Do Texas rules apply, or can I simply seek relief under the FRCP? "
That would seem pretty unlikely. Being incorrect does not necessarily imply fraud. And being a disgruntled party, any claim would be reviewed with skepticism.
"3. Under the FRCP 60(d)(3), there appears to be no statute of limitations for Fraud upon The Court. However, under FRCP 60(b)(3)(extrinsic and intrinsic fraud), there appears to be a one year statute of limitations. Is this correct?"
There is a Statute of Limitations for everything. It is probably six years.
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